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State Code: The Board and The Superintendent

August 25, 2010 — newcommunityschool

A CASE FOR INTERVENTION

Can the five Monongalia County School Board members honestly say that Superintendent Devono (in relation to the green school and in other particular matters such as school capacity rates) has adhered to state code as noted in Section 3 – 02 – 9 of the Mon BoE’s Policies and Procedures, quoted below? Germane examples follow.

Legal duties and responsibilities of the Superintendent are listed in the West Virginia Code. The Superintendent shall have the following duties and responsibilities:

9. Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions…

Did the Superintendent in required timely manner “apprise” the entire board of any of the following? or has the Superintendent everapprised the entire board of any of the following (before or after public disclosure via FOIA requests)? that:

1) the green school is a Woodburn/North “overflow” school; de facto redistricting?

2) the green school grant application states that Mon Schools will redistrict in two years, upon construction of the green school?

3) the original preferred site for the green school was in North Elementary’s catchment?

4) the intended size and student capacity of the green facility is far beyond the grant size and capacity of the facility?

5) North and Suncrest Elementaries operated over capacity last year?

6) Mon Schools has had in hand since January an appraisal of WVU land adjacent to the old UHS site for green school siting, and that the land there was appraised at nearly half the cost of the Mileground site land?

7) WVU has remained open to possibly selling to Mon Schools that land adjacent to the old UHS site?

8) Mon Schools’ appraisal of the Mileground site and WVU’s appraisal of the Mileground site varied by a factor of 230 percent – $1 million versus $2.3 million.

9) closing Woodburn Elementary and Easton Elementary and replacing them with the green school actually reduces student seat capacity, and does so near and next to crowded and overcrowded elementary catchments, no less?

10) by state contract the green school cannot currently proceed with its current grant phase – Phase 2, Schematic Design – because Mon Schools lacks “free and clear title” to the land that it intends to build on; that essentially the green school grant is currently in abeyance and will continue to be, at the very least for weeks to come?

If the Monongalia County School Board does not care to enforce the legal duties and responsibilities of the Superintendent, then the Board should resign or be dismissed and the state should intervene.